63
220. In its case law, the Court has developed the concept of non-pecuniary damage and
established that this “may include both the suffering and affliction caused to the direct victim
his family, the impairment of values that are of great significance for the individual, and also
changes, of a non-pecuniary nature, in the living conditions of the victim or his family.”269
said harm must be proved in cases such as this one.
has
and
any
The
221. The Court takes into consideration that Mr. Lagos del Campo was declared a victim of the
violation of Articles 13, 8, 26, 16 and 25 of the Convention. These violations resulted in evident
harm: the victim was diagnosed with the clinical disorder, classified by the ICD-10 [Translator’s
note: the 10th revision of the International Statistical Classification of Diseases and Related
Health Problems] as a persistent personality disorder following a traumatic and/or catastrophic
experience, following the situation denounced and the prolonged judicial proceedings. 270
Moreover, it has been proved that his dismissal and the violation of his human rights, as well as
the impossibility of obtaining justice to date, have been significant sources of stress, anxiety and
worry and, with the passage of time, this has affected Mr. Lagos del Campo’s health.
222. As a result of these violations, the Court finds it pertinent to establish, in equity,
compensation for non-pecuniary damage of US$20,000 (twenty thousand United States dollars).
E. Costs and expenses
223. The representatives explained that Mr. Lagos del Campo incurred expenses in the
different judicial proceedings, including when he had recourse to the Commission. Later, he was
sponsored by APRODEH. Accordingly, they asked the Court to establish, in equity, an amount for
expenses corresponding to Mr. Lagos del Campo, and those corresponding to APRODEH as the
victim’s representatives. They also asked to be given the opportunity to present amounts and
vouchers for future expenses at the corresponding procedural stage. 271
224. The State argued that vouchers must be submitted in order to obtain reimbursement of
costs and expenses. Regarding future expenditure, it indicated that the representative’s request
appeared reasonable, but it reserved the right to examine the expenses at the corresponding
procedural opportunity.
225. The Court reiterates that, pursuant to its case law,272 costs and expenses form part of the
concept of reparation, because the efforts made by the victims to obtain justice at both the
national and the international level involve disbursements that should be compensated when the
international responsibility of the State has been declared in a judgment. Regarding the
reimbursement of costs and expenses, it is for the Court to make a prudent assessment of their
scope, which includes the expenses arising before the authorities of the domestic jurisdiction and
also those incurred in the course of the proceedings before the inter-American system, taking
into account the circumstances of the specific case and the nature of the international jurisdiction
for the protection of human rights. This assessment must be made taking into account the
expenses indicated by the parties, provided that the quantum is reasonable.273
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala, Reparations, supra, para. 84, and Case
of Acosta et al. v. Nicaragua, supra, para. 236.
269
270
Expert opinion of Carlos Jibaja Zárate (merits file, f. 463).
For future expenses they merely submitted the voucher for the air fare of Christian Huaylinos Camacuari for
US$450.11 (merits file, ff. 444.3 to 444.5).
271
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations, supra, para. 42, and Case of Zegarra Marín v. Peru,
supra, para. 229.
272
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series C
No. 39, para. 82, and Case of Zegarra Marín v. Peru, supra, para. 229.
273